The
Complaint states ongoing Racial Discrimination and Harassment by B.R.
FUNSTEN & COMPANY/ TOM DUFFY COMPANY and its Managers and
Supervisors against the EIGHT PLAINTIFFS. After months of complaints of
racial harassment at the workplace, Manager Defendant Buikema on
November 7, 2006, had a Hangman’s Noose on his desk When the African
American employees would be in the room the Manager would threaten them
with “put your head in the noose”.

On November 30th, 2006 the Manager hung the noose up in front of a
portrait of his family. The Human Resource Director told the plaintiffs
that “it was just a joke” and “he didn’t mean it”. After the reporting
of the Hangman’s Noose, a sham investigation took place and the manager
and the Director of Human Resources were not disciplined. Since then,
four of the plaintiffs have been terminated.

Human Resource Manager Anne Pearson also responded that they should not
“blow this out of proportion” and that they should “not have taken
offense to the Noose hanging up there.” She also stated to Plaintiff
Bryant and Plaintiff Bradford that she saw the Noose the day before in
Manager Buikema’s office, and she did nothing about it.

Said Plaintiffs’ attorney, Angela Alioto: “People ask me all the time
if this type of racial behavior is really happening in the State of
California today. It is so inconceivable that such hatred would be so
blatant, but it is and it will not be tolerated anymore. This employer
is stunningly arrogant in its belief that this type of racial behavior
would go unnoticed. I am sure that the jury will send them a loud and
clear message that it simply is not acceptable in America today. These
are eight brave men who the Defendant Company never thought would stand
up for their rights…well, they are wrong.”